Newman v. Bank of New England Corp. (In re Bank of New England Corp.)

DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

Lacy G. Newman (“Newman”) commenced this adversary proceeding to recover from Bank of New England Corporation (“BNEC”) funds held in an escrow account which represent amounts to which he claims he became entitled when BNEC terminated his position for reasons other than cause. He asks that I determine his entitlement to recovery and the validity, extent and priority of his lien upon the escrow funds. See Fed. R.Bankr.P. 7001(2), (9).1

I previously had granted summary judgment for BNEC. On appeal the United States District Court reversed the decision2…